Statement of Object

Article 241 (1) of the Constitution provides that Parliament may by law declare any Court in a Part C State to be a High Court for all or any of the purposes of the Constitution. In the absence of such a declaration no appeal will lie in the Supreme Court from the decision of Judicial Commissioner' Courts in Part C States. All the Part C States, except Delhi and Coorg, have Judicial Commissioners' Courts as the highest Court of Appeal within the State. It is necessary that the Supreme Court should be in a position to exercise the same appellate jurisdiction in regard to the Judicial Commissioners' Courts of the Part C States other than Delhi and Coorg, as it has in regard to Part A State. As Parliament was not in session at the commencement of the Constitution, and in order to avoid anomalies and difficulties, the Judicial Commissioners' Courts (Declaration as High Courts) Ordinance. 1950, was promulgated declaring the Judicial Commissioners' Courts of Part C States to be High Court for purposes of Articles 132, 133 and 134 of the Constitution and providing for certain exceptions and modifications in the application of Chapter V of Part VI of the Constitution to them. The Ordinance will expire within six weeks of the commencement of the present session of Parliament, and it is necessary to retain its provisions permanently. The Bill incorporates the provisions of the said Ordinance.

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